If you are injured in a slip and fall accident in Florida, it is crucial that you know what options you have to recover. Should you decide to file a personal injury claim, there are various laws that may apply to your case. Because Florida is one of the few states with detailed slip and fall laws, potential plaintiffs are advised to hire an experienced slip and fall or personal injury lawyer to assist them with navigating their lawsuit.
In a recent District Court of Appeal decision, the court considered a slip and fall injury that took place in a Winn-Dixie grocery store in Florida. The plaintiff filed a negligence action against the defendant, Winn-Dixie, alleging that she suffered injury after slipping on liquid detergent on the floor of the grocery store. According to the plaintiff’s testimony, there were no footprints in the detergent, and she had no knowledge of how long the detergent had been on the floor or whether any employees knew of the spill. A Winn-Dixie store manager testified that five minutes before the incident, an employee had checked the area. The lower court granted summary judgment in favor of Winn-Dixie, finding that the plaintiff failed to establish that the defendant had actual or constructive notice of the condition.
On appeal, the plaintiff argued that the lower court erred in granting summary judgment to the grocery store because discovery was ongoing and there was an abuse of discretion. The District Court of Appeal disagreed and found no abuse of discretion. Because trial courts can grant a motion for summary judgment despite the pendency of discovery, the lower court did not err in its decision.
In Florida, the law states that potential plaintiffs who file a slip and fall lawsuit must prove that the business in question failed to remedy the dangerous condition that caused their injury. To do so, the victim must establish that the business had actual or constructive notice of the dangerous circumstances that led to the slip and fall.
Victims can prove that property owners had actual or constructive notice of the dangerous condition by showing that the condition existed for long enough that the owner should have known about it, or that the condition took place on a regular basis so the property owner should have known to anticipate it. In addition, victims can also establish notice by proving that the property owner actually knew about the condition and had a reasonable amount of time to fix the situation but failed to do so.
Potential plaintiffs in slip and fall cases are also required to prove several additional elements. Anyone with questions about a recent fall should reach out to a South Florida premises liability lawyer.
Do You Need a Florida Slip and Fall Lawyer?
If you or someone you know was recently involved in a Florida slip and fall accident, contact the attorneys at Friedman Rodman Frank & Estrada. Our attorneys fight for the injured and have represented clients in all types of personal injury claims. To schedule a free consultation today, contact us at 877-448-8585.